What am I facing for a DWI if I was caught on a DWAI 2 years ago? 5 Answers as of June 17, 2011

April of 09 I caught a dwai. Just recently I was pulled over a blew a 1.2. What am I facing?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It depends largely upon which County you were caught in. If it's Nassau, it is usually much harsher than Suffolk or Queens. If it's upstate, it can again go easily or much more harshly. Usually with a second DWI, you are looking at some Probation and possibly jail time recommendation that has to be worked around very diligently to getaround it. I suggest you hire the best criminal defense attorney you can find and fight the case. Good luck.
Answer Applies to: New York
Replied: 6/17/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Since the 2 charges are within 10 uyears they can use the first one to enhance the sentence on the second one. i would need more details to determine any likely sentencece as it depends on a lot of factors and is up to the court. You should hire an attorney.
Answer Applies to: New York
Replied: 6/16/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
A couple of things right off the bat. Your license will probably be suspended pending prosecution and you will not be entitled to a hardship privilege to drive to work or anything else. Your BAC reading was somewhat low (0.12% BAC; if it was really 1.2% we would not be exchanging emails right now), so you might just get away with a plea offer of a DWI misdemeanor with a conditional discharge and not probation. You definitely don't want probation. I think that is where the battle lines will be drawn. If you plea or are convicted, your license will be revoked for six months and you probably will not be able to get a conditional license for even limited driving privileges during that period. Also, a fine of up to $1,000.00, a $400.00 surcharge, a $750.00 DMV driver safety assessment, $75.00 to enroll in the DMV Drinking Driver Program (DDP) if you haven't already done it in the past five years and up to $225.00 program fee for the DDP. Then you will also have to pay your attorney on top of all of that.
Answer Applies to: New York
Replied: 6/15/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
Your summary states that you were convicted of Driving While Impaired two years ago and you were just arrested on a DWI. You state that your BAC was 1.2 and want to know what you are facing. If you actually blew a 1.2 BAC you would be facing the lid of a coffin while your parents and friends wondered how you could possibly drive drunk again. The sentence will depend on the facts and circumstances of your case. You probably had a .12 which means that you had about 5-7 drinks and were drunk but still able to walk, talk, and drive...but not very well. Some judges will sentence you to probation or drug court if you have no other prior convictions and you retain a good criminal attorney to try to convince the judge, DA, and probation department that you are not a selfish, immature, and dangerous person who is likely to kill someone if ever allowed to drive again. If the judge thinks you are a danger to society he will sentence you to six months or a year in jail in order to teach you that drunk driving is a very serious crime that results in hundreds of thousands of injuries and deaths. Groups like MADD and SADD are petitioning every judge in the state to jail second offenders and the press and media are going after judges who do not jail repeat offenders, but I have had clients who have had three or four DWI convictions and have not gone to jail because they were not felonies. If you get a felony you are likely to do a year in jail.
Answer Applies to: New York
Replied: 6/15/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
You could potentially be charged with felony DWI. This is a serious matter. You should call us to discuss our office representing you in fighting the charge.
Answer Applies to: New York
Replied: 6/15/2011
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